•
101.143 (2) (g) The department may promulgate, by rule, requirements for the certification or registration of persons who provide consulting services to owners and operators who file claims under this section. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
•
101.143 (2) (h) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:
•
101.143 (2) (i) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following: 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions. 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. 3. A definition of “reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards. 4. Procedures to be used to measure concentrations of contaminants.
•
101.143 (2) (j) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following: 1. The conditions under which employees of the department of commerce [safety and professional services] and the department of natural resources must issue approvals under sub. (3) (c) 4. Note: The correct agency name is shown in brackets. Corrective legislation is pending. 2. Training and management procedures to ensure that employees comply with the requirements under subd. 1.
•
101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s.
20.165 (2) (Lm).
•
101.143 (2e) (b) If the department of safety and professional services and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
•
101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.
•
101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) for whom the deductible is based on financial hardship.
•
101.143 (4) (h) 2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.
•
101.143 (9) (a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner or operator, person owning a home oil tank system or service provider and the periods for which they must retain those records.
•
101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of safety and professional services shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
(b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).
•
168.04 (1) The department by rule shall prescribe minimum product grade specifications for gasoline, automotive gasoline, gasoline alcohol fuel blends, reformulated gasoline, as defined in s.
285.37 (1), and kerosene and may prescribe product grade specifications for aviation gasoline, fuel oils, and diesel fuels.
•
168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter.
•
440.42 (3) (am) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the reporting requirement under par. (a). The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the reporting requirement under par. (a) to a charitable organization that satisfies those criteria.
•
440.42 (8) Contribution limits. The department may promulgate rules that adjust the threshold amounts in subs. (3) (a), (b), (bm), and (c) and (5) (a) 3. and (b) to account for inflation.
•
440.455 (4) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the disclosure requirements under this section. The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the disclosure requirements under this section to a charitable organization that satisfies those criteria.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that for each rule package approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with various advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The current rules of chs.
SPS 135 and
SPS 305 cover the credentialing of blasters, firework manufacturers, building contractors, dwelling contractors, HVAC contractors, welders, electricians, inspectors, plumbers, elevator and lift installers, automatic fire sprinkler installers, soil testers, automatic fire sprinkler testers, manufactured home manufacturers, dealers, salespersons and installers, liquefied gas suppliers, and home inspectors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations, existing or proposed, relating to the licensing activities to be regulated under the rules.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
9. Contact Person
Safety and Professional Services —
Pharmacy Examining Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
The operation of the prescription drug monitoring program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Pharmacy Examining Board (Board) seeks to modify ch.
Phar 18 based on feedback and information it has obtained while developing and deploying the Wisconsin Prescription Drug Monitoring Program (PDMP). The modifications would seek to improve the efficiency of the PDMP by ensuring consistency between the language in the rule and how the PDMP functions. Specifically, the Board seeks authorization to consider modifying definitions in ss.
Phar 18.02 and
18.04, to modify the list of required data elements in s.
Phar 18.04, to clarify the language describing the obligation to submit zero reports in s.
Phar 18.06 and the language describing the obligation to notify the department when a dispenser decides to no longer dispense monitored prescription drugs in s.
Phar 18.08, to clarify who may access PDMP data in s.
Phar 18.09, and to modify the language in ss.
Phar 18.10 and
18.11.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently, the Board is aware that some provisions of ch.
Phar 18 create inefficiencies and ambiguities that the PDMP has to overcome to be as effective of a tool to combat prescription drug misuse and abuse as it can be. The Board has noted the feedback it has received while developing and deploying the PDMP and has gained considerable expertise in ways to improve the PDMP once it becomes fully operational. All of the modifications the Board seeks to make are based on feedback from stakeholders and PDMP users or other information obtained while developing and deploying the PDMP.
An alternative to the making the modifications is to not make the modifications, which would not enable the Board to improve the PDMP based on information obtained while developing and deploying the PDMP and the feedback of stakeholders and PDMP users.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
In s.
450.19 (2), Stats., the legislature directs the Board to establish rules to govern the PDMP. In s.
961.31, Stats., the legislature also authorizes the Board to promulgate rules relating to the dispensing of controlled substances. Finally, in ss.
15.08 (5) (b), and
227.11 (2) (a), Stats., the legislature confers to the Board the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
6. List with description of all entities that may be affected by the proposed rule
1) Licensees who are authorized to prescribe and dispense controlled substances: Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Pharmacies, Pharmacists, Physicians, Physician Assistants, and Podiatrists
2) Department of Safety and Professional Services Staff.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact of the proposed rule.
Contact Person
Sharon Henes, 608-261-2377.
Workforce Development
Unemployment Insurance, Chs.
DWD 100—150
This statement of scope was approved by the Governor on August 14, 2013.
Rule No.
Relating to
Work registration, work search, and unemployment insurance benefit claiming procedures.
Rule Type
Emergency.
Finding/Nature of Emergency
The Department of Workforce Development (department) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
•
To fulfill the new statutory directives to require claimants for Unemployment Insurance (UI) benefits to increase their number of weekly work search actions from two to at least four;
•
To execute the new statutory requirement to request additional information from claimants;
•
To promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the UI program contained in
2013 Wisconsin Act 20 and
2013 Wisconsin Act 36;
•
To improve the Unemployment Insurance Trust Fund balance and thereby relieve employers of the burden of additional taxation;
•
To simplify the process and compliance with respect to requirements for UI claimants to register for work; and,
•
To better assist UI benefit claimants to obtain gainful employment.
The Department is considering the possibility of flexible effective date provisions in the rules, so that the rule changes in different areas of the rules can be brought into effect as soon as the necessary program policies and procedures have been developed, staff training has been completed, and programming changes have been implemented and tested. In addition, phasing in the changes for UI claim procedures, job search requirements, and reemployment services requirements will allow adequate time for public education.
Detailed Description of the Objective of the Proposed Rule
The emergency rules will amend and update current rules related to the UI program by disqualifying claimants who are not actively seeking work and reducing the amount of time that claimants collect UI benefits. The emergency rules will ensure that those receiving UI benefits are engaging in activities that an unemployed person who wants to work would perform. The emergency rules will enhance the department's ability to guarantee that claimants perform those activities directed by the department to assist claimants in becoming reemployed and prescribe methods by which claimants will be notified of requirements with respect to benefit eligibility.
•
Section
108.04 (2) (a) 3., Stats., as amended by
2013 Wis. Act 20, requires weekly work search activities for a UI Benefit claimant be increased from 2 to at least 4 searches per week, and some claimants may be required to conduct more than 4 work searches per week.
•
Section
108.04 (15), Stats., created by
2013 Wis. Act 36 authorizes the department to request information from UI benefit claimants related to work search efforts.
•
Section
108.04 (2) (a) 4., Stats., as created by
2013 Wis. Act 36, authorizes the department to request information from UI benefit claimants related to work search efforts.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
UI benefits provide a temporary safety net for unemployed individuals who are out of work through no fault of their own until they secure additional employment. Section
108.04 (2), Stats., provides that an otherwise qualified claimant is eligible for UI benefits in any given week if the individual is able and available to work, has registered for work, and the individual conducts a reasonable search for suitable work.
2013 Wisconsin Act 20 amended these qualification requirements. First, it clarified that a claimant's registration for work must be done as directed by the department. Second, it increased the number of weekly work search actions a claimant must conduct from two to at least four, unless the department waives the work search requirement. Third, the department must adopt rules to prescribe when it may require a claimant to conduct more than four work search actions in a week. Finally, as the department enhances its focus on assisting claimants to become reemployed, the administrative rules must enable the department to provide claimants with notifications through email and other modern technological means.
The emergency rules will make the rules consistent with the newly enacted legislation and will clarify and narrow the exemptions available to a claimant who is required to conduct work searches. These emergency rules will strengthen the requirements for unemployed individuals to actively seek employment and thereby improve their employment prospects and align the job search requirements with the underlying goal of the UI program.
Under current administrative rules, the department may require claimants to participate in a public employment office workshop which offers instructions in improving a claimant's skills for finding and obtaining employment. Consistent with the statutory changes provided by
2013 Wisconsin Act 36, the emergency rule will enable the department to identify additional services it may provide claimants to become more quickly employed and potentially require claimants to attend training services to enhance their job prospects.
Finally, as required by
2013 Wisconsin Act 20, the emergency rules will provide criteria as to when the department may in a particular week require a claimant to conduct more than four weekly work search actions.
The policy alternative to not amend the administrative rules by the emergency rule process is unacceptable. First, the administrative rules will be inconsistent with state statutes. Second, without adopting the emergency rules, the department may not be able to require claimants to provide information to the department as prescribed by the department. This will deter the department from verifying that claimants are actively seeking work and enabling the department to provide needed employment services to claimants. Moreover, not amending the rules by the emergency rule process may encourage some claimants to remain unemployed and to continue to collect unemployment benefits rather than obtain employment, resulting in additional taxes being imposed on employers.
Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
